Written 21st August 2024 by Ruth Peters

Proactive Solicitors for Sexual Risk Orders (SRO)

What is a Sexual Risk Order (SRO)?

Sexual Risk Orders (SROs) are civil orders issued by courts in the UK designed to manage the behaviour of individuals deemed to pose a risk of sexual harm to others. Unlike Sexual Harm Prevention Orders (SHPOs), which are often issued following a conviction for a sexual offence, SROs can be issued even if the individual has not been convicted of any crime.

Sexual Risk Orders can be applied for by a Chief Officer of Police or the Director General of the National Crime Agency (NCA) in the Magistrates’ Court.

These orders are generally made against an individual who has not been convicted or cautioned for an offence but who nevertheless is thought to pose a risk of harm to the public in the UK and/.or children or vulnerable adults abroad. We often find that an individual may have been under police investigation for an allegation of a sexual nature and then received No Further Action (NFA) but the police consider the making of an application due to concerns they may hold.

What is the law in relation to a Sexual Risk Order?

The legislation relating to Sexual Risk Orders is contained in section 122 A of the Sexual Offences Act 2003.

The court may make a Sexual Risk Order if—

The court is satisfied on the balance of probabilities that the defendant has done an act of a sexual nature, and
The court is satisfied that as a result of the defendant acting in such a way it is necessary to make such an order for the purpose of:

protecting the public or any particular members of the public from harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.

The prohibitions or requirements which are imposed on the defendant by a Sexual Risk Order must, so far as practicable, be such as to avoid:

any conflict with the defendant’s religious beliefs,
any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and
any conflict with any other court order or injunction to which the defendant may be subject

If a Sexual Risk Order is made by the court, the order has effect for a fixed period (not less than two years) or until further order.

What can a Sexual Risk Order contain?

Sexual Risk Orders used to only be able to contain prohibitions similar to SHPOs. However, the addition of positive obligations to SHPOs and SROs was included under Part 10, Chapter 3 of the Police, Crime, Sentencing and Courts Act 2022. This amended the 2003 Sexual Offences Act to enable the courts to impose positive obligations where appropriate.

A Sexual Risk Order may prohibit the person from doing anything described in it. This includes preventing travel overseas. Any prohibition must be necessary for protecting the public in the UK from sexual harm or, in relation to foreign travel, protecting children or vulnerable adults from sexual harm.

The usual types of restrictions include:

Using any device capable of accessing the internet unless:

he has notified the police VISOR team within 3 days of the acquisition of any such device;
it has the capacity to retain and display the history of internet use, and he does not delete such history;
he makes the device available on request for inspection by a police officer, or police staff employee, and he allows such person to install risk management monitoring software if they so choose.

This prohibition shall not apply to a computer at his place of work, Job Centre Plus, Public Library, educational establishment or other such place, provided that in relation to his place of work, within 3 days of him commencing use of such a computer, he notifies the police VISOR team of this use.

Interfering with or bypassing the normal running of any such computer monitoring software
Using or activation any function of any software which prevents a computer or device from retaining and/or displaying the history of internet use, for example using ‘incognito’ mode or private browsing
Using any ‘cloud’ or similar remote storage media capable of storing digital images (other than that which is intrinsic to the operation of the device) unless, within 3 days of the creation of an account for such storage, he notifies the police of that activity, and provides access to such storage on request for inspection by a police officer or police staff employee
Possessing any device capable of storing digital images i.e. a USB stick or external hard drive unless he makes it available on request for inspection by a police officer;
Installing any encryption or wiping software on any device other than that which is intrinsic to the operation of the device.
Having any contact of any kind with any person he knows or believes to be under the age of 18, whether directly or indirectly via social media or in any other way, other than:

such as is inadvertent and not reasonably avoidable in the course of lawful daily life, or
with the supervision of an adult approved in advance by social services, who has knowledge of his convictions.

Positive obligations could include the requirement for an individual to engage in a behaviour change programme, alcohol or drug treatment programme, or to take a polygraph test as well as the ability to require an individual to wear an electronic monitoring tag (to monitor their compliance with conditions in the order).

What is the sentence for breach of a Sexual Risk Order?

Any breach of the order is a criminal offence punishable by a maximum of five years imprisonment.

What is an Interim Sexual Risk Order?

An Interim Sexual Risk Order is a temporary measure that can be issued by a court when there is an urgent need to manage an individual’s behaviour whilst a full Sexual Risk Order application is being considered if the police have reason to believe that the person poses an imminent risk of sexual harm. Similar to a full SRO, an interim order can impose various restrictions on the individual’s behaviour. These may include limitations on their movements, interactions, internet use, or proximity to certain places or people. The specific restrictions are tailored to the perceived risk and are meant to prevent potential harm during the interim period.

In order to impose an Interim Sexual Risk Order the Court must find that it is ‘just’ to do so under section 126 of the Sexual Offences Act 2003. The legislation does not define the circumstances that could lead to it being ‘just’.

Are Sexual Risk Orders recorded on the Police National Computer (PNC)?

Yes, they are recorded on the Police National Computer (PNC). A facility is available on the PNC which allows an entry to be recorded which does not constitute a criminal record but is available for police information and intelligence purposes.

Is a SRO disclosed on DBS checks?

An SRO is not a caution or a conviction, so is not formally covered by the Rehabilitation of Offenders Act.

An SRO will not be disclosed on a basic or standard Disclosure & Barring Service (DBS) Checks. It might be disclosed as part of an Enhanced DBS Check in the ‘relevant information’ section, i.e. the offence has a bearing on the kind of work you are applying for. The police will need to consider whether it is necessary and proportionate to disclose the information on an enhanced DBS Check and other an individual will have the opportunity to make representations why it ought not to be disclosed.

Does imposition of an SRO make an individual subject to notification requirements?

The SRO does not make the individual subject to the notification requirements for registered sex offenders.

However, it does require the individual to notify the police of:

Their name
Their home address

This information must be notified within 3 days of the order being made or whenever the information changes.

Discharge, variation and renewal of an SRO

An order cannot be discharged within 2 years of it being made without the agreement of both the police and the individual concerned.

Applications can be made by either the police or the individual concerned for the purposes of deleting unnecessary prohibitions or adding supplementary conditions

A renewal of the order may be necessary where the original is close to expiry and the police have cause to believe that the individual continues to pose a risk.

How can Olliers help me if the police are applying for a Sexual Risk Order against me?

We don’t wait for events to unfold – we take control. Olliers’ proactive approach ensures we are on the front foot from the outset. We preempt issues and build a robust defence strategy from day one. We take control and ensure our clients are in the best possible position.

We have successfully represented many clients in relation to such orders. We are experienced in dealing with different police forces around the country and opposing Sexual Risk Orders.

We can consider the application made by police, advise you in relation to the strength of the evidence, prepare a bundle in support of opposition of the order and represent you at court for both a contested hearing opposing the order as well as any application for an interim Sexual Risk Order.

We understand that being made subject to an SRO can have long-lasting effects on a person’s life, including their employment prospects and personal relationships and can seem particularly unfair if you have not been convicted of any criminal offence.

If you wish to discuss an application for a Sexual Risk Order (SRO) against you please contact our specialist team by telephone on 0161 8341515, by email to info@olliers.com or complete the form below to send us a message.